The Municipality of Chatham-Kent Software & Data User License Agreement
The Municipality of Chatham-Kent ("THE MUNICIPALITY") hereby grants to you a non-exclusive, non-transferable license to use the Geographic Information System (GIS) Software and Data ("Licensed Products") accessible through this website, subject to the following terms and conditions:
You acknowledge that the Licensed Product(s) belong to THE MUNICIPALITY and its third party supplier(s), and that the Licensed Product(s) are copyrighted. Unauthorized copying of the Licensed Product(s), or documentation is expressly forbidden and you may be held legally responsible for copyright infringement which is caused or encouraged by your failure to abide by the terms of this agreement.
You may not reproduce, sell, rent, lease, loan, distribute or sublicense the Licensed Product or otherwise transfer the Licensed Product(s) to any third party, use the Licensed Product for commercial purposes, or use the Licensed Product to create any derived product for any of these prohibited purposes, except that you may make use of maps generated using the Licensed Products if generated in connection with the Municipality's website in a manner authorized by the terms and conditions of such website.
In no event shall THE MUNICIPALITY or it's third party supplier(s) be liable to you for any damages, direct or indirect, including any lost profits, lost savings, interruption of business, loss of business opportunities or other incidental or consequential damages, arising out of your possession, use of, or inability to use the Licensed Product(s), even if THE MUNICIPALITY, its third party supplier(s), or any authorized dealer, has been advised of the possibility of the damages, or for any claim by any other party.
You shall indemnify and hold THE MUNICIPALITY, it's third party supplier(s) and their officers, employees and agents harmless from and against any claim, demand or action, irrespective of the nature of the claim, demand or action, alleging loss, costs, damages, expenses, or injury (including injury from death) resulting from your authorized or unauthorized use, possession, modification, or alteration of the Licensed Product(s).
THE LICENSED PRODUCT(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF EFFECTIVENESS, COMPLETENESS, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT(S) IS WITH YOU, THE END USER. NO ORAL OR WRITTEN ADVICE GIVEN BY THE MUNICIPALITY OR IT'S DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES CREATES A WARRANTY OR IN ANY WAY INCREASES THE MUNICIPALITY's LIABILITY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
This license will terminate automatically without notice from THE MUNICIPALITY if you fail to comply with any provision of this license agreement. Upon termination, you shall destroy or return any written materials in connection with the Licensed Product(s) and all copies made thereof including modified copies, if any.
This license shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.